Los Angeles daily herald., 1887-11-24
HELD TO ANSWER.
Carver Bound Over in
$1,000 Bail.
NO DEFENCE WAS OFFERED.
larger Bail on the Charge OF
Embezzling Three Hundred
and Fifty Dollars.

The Carver examination was con-
cluded yesterday morning before JUS
tice Austin. The first witness exam
ined was Thomas G. Marks of East
Los Angeles, who testified: 81 know
Carver when see him. / sold a lot
in East Los Angeles to A. G. Tubbs in
the last part of May, 1886. l mean
that he made twelve-month agree
ment with me to buy it. Carver came
to me one evening in June OF this
year, and said that he wanted a few
days more to make payment OF 500
or $500. Carver had given me to I'M
derstand that he had taken Tubbs'
contract, and that he was to make the
payment. The lot is in block Al, Hoff
street, East Los Angeles. The de-
PENDANT forfeited the lot by the non
payment of the money.
w. Ii. Neiswender testified that
Carver purchased the lot from Mr.
Tubbs on assuming Tubbs' contract.
He paid $500. The witness said I:
"The contract was to expire on the
LIST of June, 1887. That time did cx-
pire, and the full condition of the con-
tract not having been fulfilled, he for
feited the lot. Mr. Carver did not
say that he was any ones agent. The
contract was given by Marks to
Tubbs. The latter assigned it in
writing, on the 10th OF January, to
Carver. l have the contract at my
house. don't know the exact date
of the making of the deed to Tubbs.
Mr.. Carver purchased the lot
through my agency. / think the
purchase price was $3.50. A party
offered $500 for it about two months
previous to the forfeiture. l informed
Carver of the fact, but he refused the
offer. l have got deed from Tubbs
to. the property myself now"
DANIEL Innis testified that he had
sold to Carver 70 feet front by 200 feet
in depth on Pleasant avenue, little
over a year ago, in September or Oc-
tober, for $500, one-half cash, bal
ance in six months. The witness
took mortgage on the place for $3.50.
Carver paid him $3.50 when he bought
the place. He sold % feet to Stinson
Bros and witness took the mortgage
on the so feet. He got the $3.50 be-
fore he delivered the deed.
G. B. Shafer, teller of tie First
National Bank testified tha' the
records of the bank showed that Mr..
Carver deposited in the bank on Sep
TENDER 14th, 1886, through Wells
Fargo, $1,000. The money was drawn
out in various sums, the highest being
$l20 and the lowest $40. On Novem-
Der Sd Carver deposited $3.50, through
Wells Fargo & Co. That money was
also drawn out, in amounts rang
ing from $3.50 to $40. Except that
$500 deposited through Wells, Fargo
& Co., Carver never deposited any
thing else between September and
December 1886, but on December 10th
he deposited $685. 40, and on March
81, 1887, $461.90 The witness prom
ised a copy Of Mr.. Carver's accounts
with the bank and was then allowed
to withdraw
DR.. Simonton resumed the stand
and testified: 81 am acquainted with
Mr.. Stebbins, the Oakland lawyer. l
left Walla Walla about fifteen years
ago. | moved to Petaluma from there.
| have resided in Oakland eleven
wears. | met Mr.. Carver first in Oak
land. In the conversation | had with
him I mentioned the Los Angeles
boom. He did not invite me to move
to Los Angeles. l saw him again two
weeks afterwards. He asked me how
much money had at my disposal. L
told him about $4,000. He said that if
he heard OF real bargain he would
telegraph me. gave him the power
to buy and sell when | gave him
the money. | expected that when
he sold some property bought for
me, | should make out the deed. l
presume the property was placed in
my name and did not know that the
lot in the Kerchoff- Gunner tract, was
in his own name until the second
time he came up to Oakland. The
letters l produced yesterday are all
the letters ever had from Carver. l
sent him power of attorney because
wanted the deeds in my own name.
Ii WAS SCuCidl POWSi VI o.eOA NY.
authorized Mr.. Stebbins to inquire
into the condition OF the matter with
Carver. The two demands here in
evidence are the only ones l author
lied to be delivered to Mr.. Carver.
1 demanded through my letters set
Element of account of the defendant
by letters and through Judge VanDyke
1 intended to pay carver for his trou-
BILE. l received a statement from
Carver through Wells, Van Dyke &
Lee. 1t was in his handwriting.
After June or July l did not write to
him any more about this matter. l
understood from Mr.. Carver's repre-
sensations that he had paid $1,000 cash
for lot and that it was free of incum-
brances.
Mr.. Dawson for the defense declined
to introduce any evidence.
The Court, after hearing argument,
held Carver in the sum of $1,000 on
the alleged embezzlement of $1,000 be.
longing to Simonton, and reserved his
decision on the second alleged embez-
element Of 1850 until a late hour, when
he fixed the bail ON this charge at
S150O